Senate Bill 2285

AN ACT TO DIRECT THE MISSISSIPPI DEPARTMENT OF HEALTH AND THE MISSISSIPPI DEPARTMENT OF AGRICULTURE AND COMMERCE TO PUBLISH ANY AGREEMENT OR MEMORANDUM OR CONTRACT TO IMPLEMENT OR ENFORCE ANY PROVISION OF THE FEDERAL FOOD SAFETY MODERNIZATION ACT FOR PUBLIC COMMENT; TO AMEND SECTION 25-43-4.103, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Prior to entering into any agreement, memorandum of understanding, or contract with any federal agency to implement or enforce any provision of the Federal Food, Drug, and Cosmetic Act, 21 USC 301 et seq. (Federal Food Safety Modernization Act), the Mississippi State Department of Health and the Mississippi Department of Agriculture and Commerce shall:

(a) Publish the proposed agreement, memorandum of understanding, or contract in the Mississippi Register and provide at least ninety (90) days for public comments to be submitted;

(b) Consult with the chairs of the appropriate standing committees of the Legislature, including providing the chairs with copies of all public comments submitted; and

(c) Publish a final notice that includes a summary of the public comments and consultation, whether the agreement, memorandum of understanding or contract will be implemented, and any changes made as a result of the comments and consultation.

(2) If the Mississippi State Department of Health or the Mississippi Department of Agriculture and Commerce are parties to any agreement, memorandum of understanding, or contract to implement or enforce any provision of the Federal Food, Drug, and Cosmetic Act (Federal Food Safety Modernization Act) on the effective date of this act, the department shall comply with subsection (1)(a) and (b) of this section. Following these steps, the department shall either:

(a) Publish a notice that the agreement, memorandum of understanding, or contract remains in effect without changes; or

(b) Take steps to amend or terminate the agreement, memorandum of understanding, or contract.

SECTION 2. Section 25-43-4.103, Mississippi Code of 1972, is amended as follows:

25-43-4.103. (1) There is established a Small Business Regulatory Review Committee.

(2) The duties of the committee shall be to:

(a) Provide agencies with input regarding proposed permanent rules which may have an economic impact upon small business and for which a notice of intended action is published by the Secretary of State on or after July 1, 2012;

(b) Review any rule promulgated by a state agency for which notice has been given by the agency to the committee that the proposed rule has or may have an economic effect upon small business and make recommendations to the agency and or the Legislature regarding the need for a rule or legislation;

(c) Petition an agency to amend, revise, or revoke an existing regulation based on an economic impact on small business; * * * ~~and~~

(d) Advise and assist agencies in complying with the provisions of and perform any and all acts and duties set forth and authorized in the Mississippi Small Business Regulatory Flexibility Act * * *.; and

(e) Review any proposed agreement, memorandum of understanding, or contract with any federal agency to implement or enforce any provision of the Federal Food, Drug, and Cosmetic Act, 21 USC 301 et seq.

(3) The committee is assigned to the Mississippi Development Authority for administrative purposes only. The department shall act as a coordinator for the committee, and shall not be required to provide legal counsel for the committee.

(4) The committee shall consist of twelve (12) members, appointed as follows:

(a) Four (4) members to be appointed by the Governor;

(b) Four (4) members to be appointed by the Lieutenant Governor; and

(5) The appointing authorities shall appoint members of the committee from:

(a) Lists of nominees submitted by the following business organizations:

(i) National Federation of Independent Business;

(ii) Mississippi Manufacturers Association;

(iii) Mississippi Retail Association;

(iv) Mississippi Petroleum Marketers and Convenience Stores Association;

(v) Mississippi Minority Contractors Association;

(vi) Mississippi Economic Council;

(vii) Mississippi Farm Bureau Federation; and

(viii) Any local chamber of commerce; and/or

(b) Small business owners or operators not affiliated with the business organizations listed in paragraph (a) of this subsection.

(6) Appointments to the committee shall be representative of a variety of small businesses in this state. All appointed members shall be either current or former owners or officers of a small business.

(7) The initial appointments to the committee shall be made within sixty (60) days from July 1, 2012. The Mississippi Development Authority shall provide the name and address of each appointee to the Governor, Lieutenant Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives and the Secretary of State.

(8) (a) Members initially appointed to the committee shall serve for terms ending December 31, 2014. Thereafter, appointed members shall serve two-year terms that expire on December 31 of the second year.

(b) The Governor shall appoint the initial chair of the committee from the appointed members for a term ending December 31, 2014. Subsequent chairs of the committee shall be elected by the committee from the appointed members for two-year terms that expire on December 31 of the second year.

(9) Members of the committee shall not receive any compensation.

(10) The committee shall meet as determined by the chair of the committee.

(11) A majority of the voting members of the committee shall constitute a quorum to do business. The concurrence of a majority of the members of the committee present and voting shall be necessary to make any action of the committee valid.

(12) No appointed committee member shall serve more than three (3) consecutive terms.

SECTION 3. This act shall take effect and be in force from and after July 1, 2015.